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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 09-09-2015 CITY Of CAPE GtRARDEAU PLANNING & ZONING COMMISSION � PLANNING AND ZONING COMMISSION MEETING MINUTES September 9, 2015 City Hall — Council Chambers Present: Trae Bertrand, Larry Dowdy, Jeff Glenn, Randy Kluge, Scott McClanahan, Doug Spooler, Thomas J. Welch Absent: William Hinckley, Patrick Koetting Staff Present: Carol Peters, Ryan Shrimpfin Call to Order: Chairman McClanahan called the meeting to order at 7:00 p.m. The minutes of the August 12, 2015 meeting were unanimously approved upon motion made by Mr. Spooler and seconded by Mr. Bertrand. REZONINGS SPECIAL USE PERMITS, AND VARIANCES � 1. A public hearing was held on the proposed zoning of a property on Bloomfield Road, owned by Patrick Frissell Evans, which is proposed to be annexed into the Cape Girardeau city limits. Mr. Shrimplin explained that the City is in the process of acquiring right-of-way and easements for the Bloomfield Road Phase V project, funded by the fourth Transportation Trust Fund (TTF 4). On Mr. Evans' property, the City needs both right-of-way and a temporary construction easement. Both parties entered into an agreement for the sale of land for the right-of-way and for the granting of the easement. Per the terms of that agreement, the City agreed to allow Mr. Evans to connect to the City's water and sanitary sewer systems as long as he executed an annexation petition and an annexation agreement. Mr. Evans executed the documents, and they were accepted by the City Council on August 17, 2015. The Commission is tasked with recommending an appropriate zoning district for the 12.86 acre tract once it is annexed. The staff report noted the land is suitable for residential development and is adjacent to two single-family residential subdivisions (Giboney Woods and Emerald Forest). As such, Staff recommended the property be zoned to the R-1 (Single-Family Suburban Residential) district upon annexation. Chairman McClanahan opened the public hearing and seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Kluge and seconded by Mr. Bertrand to recommend that the property on Bloomfield Road, owned by Patrick Frissell Evans, be zoned to the R-1 (Single-Family Suburban Residential) district upon annexation. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Kluge, McClanahan, Spooler, Welch) 2. A public hearing was held on the proposed zoning of a property on LaSalle Avenue, owned by Norwald, Inc., which is proposed to be annexed into the Cape Girardeau city limits. Mr. � Shrimplin explained that Norwald, Inc. has submitted a record plat for a new 26-!ot Page 1 of 5 City of Cape Girardeau Planning &Zoning Commission Meeting Minutes September 9, 2015 Page 2 � subdivision named Touchdown Ridge Subdivision. A portion of the subdivision is outside the city limits. The other portion is in the city limits and is zoned C-2 (Highway Commercial). In order to connect the subdivision to the City's water and sanitary sewer systems, Non�vald, Inc. was required to execute an annexation petition and an annexation agreement, which were accepted by the City Council on August 17, 2015. The Commission is tasked with recommending an appropriate zoning district for the 16.311 acre tract once it is annexed. The staff report noted the land is suitable for residential development and is adjacent to a single-family residential subdivision (Touchdown Estates). As such, Staff recommended the property be zoned to the R-1 (Single-Family Suburban Residential) district upon annexation. Chairman McClanahan opened the public hearing and seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Glenn and seconded by Mr. Spooler to recommend that the property on LaSalle Avenue, owned by Norwald, Inc., be zoned to the R-1 (Single-Family Suburban Residential) district upon annexation. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Kluge, McClanahan, Spooler, Welch) 3. A public hearing was held on the request of Norwald, Inc. to rezone property on LaSalle Avenue from the C-2 (Highway Commercial) district to the R-1 (Single-Family Suburban Residential) district. Mr. Shrimplin explained that this is the portion of Touchdown Ridge Subdivision that is in the city limits. Norwald, Inc. is requesting the rezoning in order to establish uniform zoning for the entire subdivision. Chairman McClanahan opened the public hearing and seeing no appearances to speak, he (� closed the public hearing. The staff report recommended approval. A motion was made by Mr. Bertrand and seconded by Mr. Dowdy to recommend approval of the request to rezone property on LaSalle Avenue from the C-2 (Highway Commercial) district to the R-1 (Single- Family Suburban Residential) district. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Kluge, McClanahan, Spooler, Welch) 4. A public hearing was held on the request of William Headrick for a variance from Development Code Section 25-604, fence location, type and height, at 2550 Allendale Drive. Mr. William Headrick, applicant, explained that his neighbor's rear yard at 1242 Fairlane Drive is adjacent to his front yard. He further explained that the residents at 1242 Fairlane installed a fence to contain their three large dogs that bark constantly and they have used their back yard to place brush piles and debris. He would like to construct a six (6) foot high white vinyl privacy fence to block the unsightly fence and debris in the neighbor's yard, as well as hopefully curtail the dogs' barking. A staff report was submitted to the Commission containing the following findings of fact: Criterion #1: The requested variance arises from a condition which is unique to the property in question and which is not ordinarily found, and is not created by an action or actions of the property owner, the applicant or predecessors in title. Findinq: The subject property is an interior lot that is adjacent to a corner lot of record on the west side. A corner lot of record is a corner lot that is part of a platted subdivision, or a tract described in a deed, either of which was recorded at the � Page 2 of 5 City of Cape Girardeau Planning &Zoning Commission Meeting Minutes September 9, 2015 �# Page 3 f 7 County Recorder's Office prior to the adoption of the Zoning Code on December 20, 1967. Unlike standard corner lots, corner lots of record do not have a front yard adjacent to each street frontage. Per the Zoning Code, the yard along Allendale Drive on the adjacent property is part front yard, part side yard, and part rear yard, with the rear yard being immediately adjacent to the subject property. The fact that the subject property's front yard is adjacent to a rear yard constitutes a unique condition. Criterion #2: The granting of the variance will not adversely affect the rights of adjacent property owners or residents. FindinQ: The owners of the adjacent property recently installed a 4 foot high fence in order to enclose their yard for their dogs. The applicant is bothered by the appearance of the fence as well as the activity in the yard. He wishes to insta►I a 6 foot tall privacy fence in his front yard along the west lot line in order to screen the adjacent fence and yard from his view. Because of the uniqueness of this situation, Staff does not believe that granting the variance will adversely affect the rights of adjacent property owners or residents. It should be noted the application includes a petition of support signed by several of the neighbors. Criferion #3: The strict application of the provisions of the Development Code from which the variance is requested will constitute unnecessary hardship upon the utilization of the � property. Findin : Denying the variance will create an unnecessary hardship because there is a unique condition that serves to justify granting the variance, and because the fence and activity in the adjacent yard infringe upon the applicant's use and enjoyment of his front yard. Criterion #4: The requested variance will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. Findinq: Granting the variance will not adversely affect the public because the fence will not extend into the right-of-way and, as mentioned previousfy, several of the neighbors have signed a petition in support of the variance. Criterion #5: Granting the requested variance will not undermine the general spirit and intent of the Development Code. Findin : The variance request is based on a condition unique to the subject property, will create an unnecessary hardship if denied, and will not adversely affect the adjacent property owners, residents or the public if approved. These findings form a basis for approving the variance, which will not undermine the spirit and intent of the Development Code. Based on the above findings, Staff recommended approval of the variance r�quest. � Page 3 of 5 City of Cape Girardeau Planning &Zoning Commission Meeting Minutes September 9, 2015 Page 4 � Chairman McClanahan opened the public hearing. Dr. Joseph Miller, 2527 Allendale Drive, spoke in support of the variance. He stated the fence would hopefully keep the dogs from barking constantly and would hide the brush and debris, thus improving the appearance of the neighborhood. Seeing no other appearances to speak, Chairman McClanahan closed the public hearing. A motion was made by Mr. Glenn and seconded by Mr. Welch to approve the variance for a six (6) foot high privacy fence in the front yard at 2550 Allendale Drive. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Kluge, McClanahan, Spooler, Welch) SUBDIVISION PLATS 5. The record plat of Touchdown Ridge Subdivision was reviewed by the Commission. Mr. Shrimplin stated the plat consists of twenty-six (26) single-family residential lots and dedicated right-of-way for three (3) public streets. A variance is shown for the omission of the required ten (10) foot wide utility easement adjacent to the rear lot line on several lots. In addition, some setback lines were adjusted to align with easements. The staff report recommended approval of the plat as submitted, including the variance. A motion was made by Mr. Bertrand and seconded by Mr. Spooler to recommend approval of the Touchdown Ridge Subdivision record ptat, including the variance. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Kluge, McClanahan, Spooler, Welch) 6. The record plat of Coyote Creek Second Subdivision was reviewed by the Commission. Mr. Tim Kelley, applicant, explained that the plat combines finro single-family residential lots on � Sue Annes Trail to accommodate the construction of a single-family residence and pool. The staff report recommended approval of the plat as submitted. A motion was made by Mr. Bertrand and seconded by Mr. Spooler to recommend approval of the Coyote Creek Second Subdivision record plat as submitted. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Kluge, McClanahan, Spooler, Welch) OTHER ITEMS AND COMMUNICATION Development Code Amendment for Administrative Relief and Exceptions Mr. Shrimplin presented to the Commission a proposed amendment to the Development Code (Chapter 25 of the City Code). He explained that Staff has been looking into ways to change the language in the Development Code to make both the standards and the process for approving deviations from the regulations more practical and flexible while keeping within the spirit and intent of the code. With the amendment, the variance process would be replaced with an administrative relief process for minor deviations from quantitative standards in certain sections of the code and with a separate process for exceptions to any of the Development Code requirements. The administrative relief process would allow the City Manager (or his/her designee) to approve a reduction of up to 10 percent (10%) of any quantitative standard pertaining to the required number of parking spaces, exterior lighting standards, general landscaping requirements, and/or parking lot landscaping requirements. To ensure fairness among property owners, developers, businesses and residents, the exceptions process would require an applicant to propose a "substantial equivalenY' in order for the request to be granted. � Page 4 of 5 City of Cape Girardeau Planning &Zoning Commission Meeting Minutes September 9, 2015 � Page 5 A motion was made by Mr. Kluge and seconded by Mr. Bertrand to recommend approval of the amendment to the Development Code. The motion passed unanimously. Adiournment Upon motion made by Mr. Bertrand and seconded by Mr. Spooler, the Commission voted unanimously to adjourn the meeting at 7:40 p.m. Respectfully submitted, � �� � , K . Scott McClanahan Chairman � � Page 5 of 5